Leaving the Scene of an Accident

Former star of reality tv show “The Bachelor” was arrested in his native Iowa last week and charged with leaving the scene of an accident with death after he is alleged to have rear ended a tractor driven by Kenny Mosher and fleeing the scene. According to a news report, the accident occurred approximately 15 miles south of his hometown of Arlington, Iowa, a town featured in the 2015 season of the Bachelor. According to police, when they arrived on scene they found Soules’ abandoned truck near the crash scene and alcoholic beverage containers within. Soules made an initial appearance in Buchanan County on April 25, 2017 and was ultimately released on a $10,000 bond. Soules’ attorneys have filed a motion to dismiss the felony charge, alleging in part that Soules did not violate Iowa’s leaving the scene of scene of an accident statute because he called 911 and identified himself. His lawyers further claim that Soules remained on scene and attempted to resuscitate Mosher until first responders arrived, remaining for several minutes after their arrival.

While I am a Florida attorney and not licensed in Iowa, I cannot speak to the workings of Iowa’s criminal code. Florida statute 316.027 requires the driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person to immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and remain at the scene of the crash until he or she has fulfilled the requirements of Florida Statute 316.062. Florida Statute 316.062, in this instance would require Soules to either give his name, address, and vehicle registration information to the other party to the crash or a police officer responding if the other party to the crash is not in a condition to receive the information.

Ultimately the State Attorney’s Office, in situations such as these, will assume that the individual left the scene because they were intoxicated. Florida has contemplated the fact that this happens, more than it should unfortunately, and has closed the loophole on a safe harbor for one who leaves the scene in an accident causing death. Regardless of whether the person is found to be driving under the influence at the time of crash leading to death, if the individual leaves the scene, they are subject to a four-year minimum mandatory prison term if convicted. The charge is a first-degree felony as well, thereby requiring an adjudication of guilt. In essence, what the legislature has done is eliminate any benefit for a person to flee the scene and, from a practical standpoint, likely makes it worse on one who does leave if they are to plea given the interpretation of their actions by the State and Judge.

In Soules’ instance, because he did call 911 and did give his information when no police officer was present, under Florida law, he could at least argue that he complied with statute. Florida statute 316.062(2) states that when no police officer is present, the driver, after fulfilling the requirements of Florida Statute 316.027, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit the information mentioned above. Soules could argue that he remained on scene, rendered aid, called 911 and gave his information, and only left after first responders arrived. A criminal attorney in Florida would argue that because he did this, he has complied with Statutory dictate. For argument’s sake, if he notified authorities of his whereabouts and they did not contact him, or did but did not have reasonable suspicion of DUI and therefor performed no DUI investigation, under Florida law it is at least arguable that he would have complied with his statutory duty.

While every State has different laws and verbiage within, in many instances when one is accused of a crime such as this, there is room for argument either way. Whether Soules is guilty or not, the situation is a tragedy and the Iowa court system will ferret out the details. If you’ve been charged with leaving the scene of an accident or another State or Federal crime, contact Fort Lauderdale criminal attorney Richard F. Della Fera, Esq. 954.514.9955

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2017-01-11T11:40:29+00:00

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I wanted to help a very good friend resolve an unusual situation that ended up wth him being charged with felony. The best thing I did was refer to Richard Della Fera. After 11 months he had his case dismissed and could return to his real life.
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2017-01-11T11:49:16+00:00

I wanted to help a very good friend resolve an unusual situation that ended up wth him being charged with felony. The best thing I did was refer to Richard Della Fera. After 11 months he had his case dismissed and could return to his real life. Having a person like Richard on your side gives you the confidence and peace of mind that you have choosen a great professional, meticulous, brilliant, reliable and honest attorney. He is a pleasure to deal with and a gentleman like no other, especially in this area of the law.Thanks Richard I will never forget what you have done to help my buddy.

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Practice—What is a Deposition?

1. It is a good idea to meet with your lawyer before the deposition to talk about the case and what to expect at the deposition.
_______ True _______ FalseTrue.

2. Depositions aren’t as important as trials.
_______ True _______ FalseFalse. It is just as important as trial testimony and may be used in a trial.

3. A judge will be at the deposition to resolve disputes that may arise during the deposition.
_______ True _______ FalseFalse. The lawyers are responsible for conducting the deposition in a professional manner.

4. You are not under oath.
_______ True _______ FalseFalse. The court reporter will swear you in.

5. Your lawyer can advise you during the deposition.
_______ True _______ FalseFalse. You cannot ask your lawyer for advice before you answer a particular question.

6. You lawyer may make objections during the deposition.
_______ True _______ FalseTrue. However, in most situations you will still have to answer the question.

7. Your lawyer can instruct you not to answer a question.
_______ True _______ FalseTrue.

Your lawyer may do this when he or she has a serious disagreement with the lawyer taking the deposition about whether the lawyer is entitled to know the answer to the question. The most common situation is a question that requires you to divulge private or privileged information. Otherwise, lawyers can ask you pretty much whatever they want.

8. You don’t have to tell the lawyer taking the deposition about things your spouse has said
or done.
_______ True _______ FalseTrue. Conversations you have with your spouse and things you know about your spouse donot have to be disclosed.

9. You can go back and correct/clarify something you said earlier while you are under oath.
_______ True _______ FalseTrue.

Practice GIVING CREDIBLE TESTIMONY

1. It’s a good idea to provide the information the lawyer seems to want to know, even if he or she has not yet asked you a direct question.
_______ True _______ False

False.
Don’t volunteer any information. It’s the lawyer’s job to ask questions that will elicit the information. If he or she doesn’t do it, it’s a lost opportunity. Too bad for the lawyer.

2. It never hurts to elaborate on your answer.
_______ True _______ False

False.
Elaborating on your answer is the same thing as volunteering information. Wait for a specific question instead.

3. If you know about a document that the lawyer taking your testimony hasn’t shown you, you should mention it.
_______ True _______ False

False.
Again, don’t volunteer information.

4. You should reply promptly to the lawyer’s questions.
_______ True _______ False

False.
Do not reply until you have thought over the question. Take your time if you need to.

True.
The objection may force the other lawyer to change the question or to drop the subject. Again, don’t volunteer!

6. If you don’t understand a question, you should ask the lawyer to rephrase it.
_______ True _______ False

True.
Make sure you clearly understand every question.

7. If you don’t remember something, you should just say so.
_______ True _______ False

If you don’t remember, you don’t remember. That’s the truth.

8. You should make a little joke from time to time to break up the tension.
_______ True _______ False

False.
First, your little jokes will be transcribed, without the benefit of your tone of voice, your expression, or your gestures. It will almost surely be misinterpreted or twisted to your disadvantage. Second, the other lawyer probably doesn’t have a keen sense of humor during testimony.Third, the tension in the room is not your problem. Stay on task.

Witnesses are often confronted with difficult questions during testimony.